The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-18
BARR Is DISCHARGED.
The Adultery Case Termin-
ated at Provo.
McGRATH GETS SEVEN YEARS.
Court Sdjourns to Open the Term
in Ogden-PersonaI and other
Pofn.s

alter our report lett Provo on Wednes
day afternoon, with Mrs. Carver, the
mother Of the alleged accomplice, on
thegstand She testified as follows:
Ny daughter went to live at Bars
last January; had worked there some
time before that; and fl after she got
into trouble; she told me of her condi-
tion; she said she left because Mr.. Barr
accused her of having improper in
timaoy with Mr.. THley.
To the Court was subpened to ap-
pear before fhe grand jury; I did not
ask the girl who the man was that had
been with her; 1 told her to tell the
truth; never noticed any intimacy
between my girl and Mr.. Barr.
John SidweD-Am deputy sheriff at
Nephi; have seen the defendant and
John Tilley together sometime
this fau, in October, I think;
heard converse ton Mr.. Barr
said, you know [ paid you for it, now
l want my money back" This con-
versation was on the north side of Mr..
Barr's store; was walking towards the
south, and Mr.. Bars back was t0s'arG8
nae; his manner showed that he seemed
rather cross; it was in the morning; |
did not hear Mr.. TilIey say anything; |
was on my way to the jail to feed the
prisoners; it was in the morning.
To defense-The exact words were,
that Barr said: You know l paid you
for that, and if you won't do it / want
whether this statement had anything
n n
The evidence was moved by the de-
Tense to be stricken out, as irrelevant,
and was Withdrawn for the present, to
come in later in the case.
Thomas Ingraham-Heard CONVEX
sati n between Barr and Tilley; Barr
said the father of the girl was after
him, and he had better marry the girl;
TiIley answered: "By G., I'm not
guilty, and will not marry the girl"
Barr told him he had better leave, as
the girls father was after him.
l then went to the store and told Mr..
Barr what had happened. Mr.. Barr
asked Tilley if he had seen Carver,
and he replied that he had Just gone
by, going south.
To defense-Barr said to Tilley that
Carver was after him; that be had just
heard his girl was in a fix and accused
him (Tilleyl of it; Tllley then made the
expression: by G. I'm not guilty
this time" He did not say, BY G.
I'm not guilty this time and will not
marry her" He said, IN give my
last hearts blood split or go to The
penitentiary for life first, but if l was
guilty would marry the girl tonight"
heard the defendant say at another
time in the store, That will stop the
yarn about me-"
Ike Sowdey-Reside at Nephi; saw
the defendant and Tilley lastSeptember,
about the oath, together, and heard a
conversation when Mr.. Ingraham was
present; Mr. Barr said, "rhe best thing
you can do is to marry the girl" Mr..
Tiliey said he wouldn't; said
something about not being, guilty;
Barr said to Tilley, "Mr. ar
YER is looking for you about
his girl, and you had better marry
her:" Mr.. Tilley replied that he was
not guilty, and would have his hearts
bload split out first, or go to the pen
for life, but would never marry her.
Tilley was with me in Idaho in June
and July; We went 10 Montana the lat
ter part of July; we were working on
the q. P both IN Idaho and Montana,
until we came home in September; We
went uU there in May.
The prosecution rested.
The defense opened by moving the
Court thathe instruct the jury to return
q verdict of not guilty. The grounds |
are that 10 testimony has been given |
vet to connect this defendant with the |
adultery, there being no evidence |
against him only that of Mary J. |
Carver, the alleged acoomplice in the
act, so that her testimony standing |
alone is not sufficient to convict him.
The prosecution maintained that |
there were some corroborating circum-
stances, and considerable argument
ensued.
The Court held that he hardly felt
like taking the case from the jury at
the close of the prosecutions case, and
the prisoner was put upon his defense.
The defense then stated that they
would rest here.
The arguments followed, the prose-
cutiOn selecting the Sd of October, to
be sure and bring the time under the
Edmunds law.
The defense submitted the case with
out argument, and the Court instructed
the Jury to return a verdict of not guilty,
The jury were out about an hour and
then returned at 'logger-hesds. The
Court again instructed them to acquit
defendant. One of the jurors replied
that the Judge must take the respons-
|
Vt not guilty, and considerable argu-
ment ensued.
THURSDAY MORNING.
8. R. Thurmsn:srgued motion for a
new trial in the case of the United
States VS.. John Harris; unlawful CO.
habitation.
In the case of Maurice McGrath, lar
ceny Of the reporters notes, the Court
overruled the motion for a new trial.
In the case of Martha Lucas vs..
David P. Lucas, divorce was granted.
The case of the United States VS..
Frederick Wait; the defendant entered
plea of not guilty to the charge of
unlawful cohabitation.
The case of the United States VS..
Elmer TAYLOR; unlawful cohatitation;
the defendant was called for sentence;
he was not present, and his bonds were